Blacks Law Dict. 1st ed

DE NON DECJMANDO

D£ MANUCAPTIONE

329

DE MINIS. Writ of threats. A writ which lay where a person was threatened with personal violence, or the destruction of his property, to compel the offender to keep the peace. Reg. Orig. 886, 89; Fitzh. Nat. Brev. 79, G, 80. DE MITTENDO TENOREM RE CORDI. A writ to send the tenor of a rec ord, or to exemplify it under the great seal. Reg. Orig. 2206. DE MODERATA MISERICORDIA CAPIENDA. Writ for taking a moderate amercement. A writ, founded on Magna Charta, (c. 14,) which lay for one who was excessively amerced in a court not of record, directed to the lord of the court, or his bailiff, commanding him to take a moderate amerce ment of the party. Reg. Orig. 866; Fitzh. Nat. Brev. 75, 76. DE MODO DECIMANDI. Of a modus of tithing. A term applied in English ec clesiastical law to a prescription to have a special manner of tithing. 2 Bl. Comm. 29; 3 Steph. Comm. 130. De molendino de novo erecto non jacet prohibitio. Cro. Jac. 429. A prohibition lies not against a newly-erected mill. De morte hominis nulla est cunctatio longa. Where the death of a human being is concerned, [in a matter of life and death,] j no delay is [considered] long. Co. Litt. 134. DE NATIVO HABENDO. A writ which lay for a lord directed to the sheriff, commanding him to apprehend a fugitive villein, and restore him, with all his chattels, to the lord. Reg. Orig. 87; Fitzh. Nat. Brev. 77. De nomine proprio non est curandum cum in substantia non erretur; quia nomina mutabilia sunt, res autem im mobiles. 6 Coke, 66. As to the proper name, it is not to be regarded where it errs not in substance, because names are changeable, but things immutable. De non apparentibus, et non existenti bus, eadem est ratio. 5 Coke, 6. As to things not apparent, and those not existing, the rule is the same. DE NON DECIMANDO. Of not pay ing tithes. A term applied in English ec clesiastical law to a prescription or claim to be entirely discharged of tithes, and to pay no compensation in lieu of them. 2 Bl. Comm. 31.

of illness in bed; de malo veniendi, of illness (or misfortune) in coming to the place where the court sat; de malo villce, of illness in the town where the court sat. DE MANUCAPTIONE. Writ of man ucaption, or raainpiise. A writ which lay for one who, being taken and imprisoned on a charge of felony, had offered bail, which had been refused; requiring the sheriff to discharge him on his finding sufficient main pernors or bail. Beg. Ong. 2686/ Fitzh. Nat. Brev. 249, G. DE MA.NUTENENDO. Writ of main tenance. A writ which lay against a person for the offense of maintenance. Reg. Orig. 189, 1826. DE MEDIETATE LINGTLEJ. Of the half tongue; half of one tongue and half of another. This phrase describes that species of jury which, at common law, was allowed in both civil and criminal cases where one of the parties was an alien, not speaking or un derstanding English. It was composed of six English denizens or natives and six of the alien's own countrymen. DE MEDIO. A writ in the nature of a writ of right, which lay where upon a subin feudation the mesne (or middle) lord suffered his under-tenant or tenant paravail to be distrained upon by the lord paramount for the rent due him from the mesne lord. Booth, Keal Act. 136. DE MELIOBIBUS DAMNIS. Of or for the better damages. A term used in practice to denote the election by a plaintiff against which of several defendants (where the damages have been assessed separately) he will take judgment. 1 Arch. Fr. K. B. 219; 8 Cow. 111. DE MERCATORIBUS. "Concerning merchants." The name of a statute passed in the eleventh year of Edw. I., (1233,) more commonly called the "Statute of Acton Bur nel," authorizing the recognizance by statute merchant. See 2 Reeve, Eng. Law, 160 162; 2 Bl. Comm. 161. De minimis non curat lex. The law does not care for, or take notice of, very small or trifling matters. The law does not con cern itself about trifles. Cro. Eliz. 353. Thus, error in calculation of a fractional part of a penny will not be regarded. Hob. 88. So, the law will not, in general, notice the fraction of a day. Broom, Max. 142.

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